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(영문) 광주고등법원 2016.11.17 2016노343
폭행치사
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the case of mistake of facts, the Defendant avoided the victim’s shoulder, and the victim satisfed on the wind that the Defendant could not put the Defendant, and the victim satisfed on the wind that he could not put the Defendant, and there was no fact that the Defendant satfe the victim’s bridge by breafing breath and cutting down the victim’s bridge.

Even if the defendant got out of the victim, the defendant could not expect that the victim would die.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant alleged that he did not go beyond the victim, and the lower court rejected it on the grounds of detailed circumstances in the item of “determination on the Defendant and the defense counsel’s assertion” of the said judgment.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated at the court below and the court below along with the circumstances acknowledged by the court below, it is sufficiently recognized that the defendant, by single hand, flabed the victim's breath and ebbbbbbbling the victim's breath and faced with head on the cement floor, and that the defendant could have predicted the situation that the victim can die by facing head on the floor due to these acts.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law of misunderstanding of facts as alleged by the defendant, and this part of the defendant'

(1) The witness F of the court below consistently held by the defendant from investigative agency to the court of the court below in relation to the process of cutting down the victim's bridge by breathing the victim's bridge.

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